Domestic violence continues to plague millions of families throughout Illinois and around the country. Each year, an estimated 10 million women and men are subjected to physical abuse at the hands of an intimate partner, which averages to a shocking 20 per minute in the United States. According to the law in Illinois, domestic violence extends well beyond physical abuse, as the term also includes harassment, stalking, intimidation, and other forms of emotional and mental exploitation.

For many victims, filing for an order of protection is the first step toward seeking help and escaping an abusive situation. In Illinois, there are three types of orders of protection, and it is important to know how they each work.

Emergency Order of Protection

As the name implies, an emergency order of protection can provide immediate relief for a person who has been the victim of domestic violence or is afraid of becoming a victim. An emergency order of protection can be granted based solely on the sworn testimony of the victim if the court is convinced that the person is truly in danger or suffering emotional distress. The alleged abuser does not need to be notified in advance, nor is he or she required to appear. An emergency order can last for up to 21 days, enough time for a hearing to be scheduled regarding a more permanent solution.

When you hear the terms “domestic abuse” and “domestic violence,” it is likely that you picture physical acts such as punching, slapping, shaking, or choking. Or, maybe you envision the effects of such abuse—bruises, a black eye, or a broken wrist. While these are certainly appropriate images for you to associate with domestic violence, domestic abuse refers to more than just physical actions. Psychological and emotional abuse can be just as devastating as physical violence, and those who emotionally abuse their loved ones must be held accountable for their behavior.

Recognizing the Signs of Emotional Abuse

Virtually all couples have arguments on occasion—and some may even get loud and ugly. Partners may yell and say hurtful things to one another, but this is not necessarily abusive. It becomes abuse when one spouse tries to exercise control over the other through such behavior. Rather than using actual or threatened physical violence, an emotional abuser uses words—including insults, lies, and partial truths—as weapons.

Home is the one place everyone should feel safe. Sadly, for those people who are victims of domestic violence, home is often the last place they want to be. Intimate partner violence affects one out of every three women and one in four men. Fortunately, there are legal steps a person in an abusive relationship can take to secure their safety and that of their children. An order of protection, sometimes referred to colloquially as a restraining order, is one of these steps.

Who Should Get an Order of Protection?

If you fear for your safety or the safety of your children because a romantic partner or other close family member is threatening or actively abusing you, an order of protection may be the right first step in escaping that toxic relationship. Domestic violence can look different from case to case but some of the most common tactics abusers use include:

Sadly, domestic violence remains a serious problem in this country. According to the National Coalition Against Domestic Violence, approximately 20 men and women per minute are physically abused by an intimate partner in the United States. More than 10 million people are victims of domestic abuse each year, and nearly 20 million women and 5 million men have been victims of stalking and other forms of harassment.

Domestic violence can be physical, psychological, emotional, financial, or sexual. Because many victims try to justify their abuser's actions, or assume that their behavior will improve, they do not report the abuse. This is especially dangerous because domestic violence situations frequently escalate. To combat this abuse, all 50 states have laws that allow for some form of protective order, sometimes called a restraining order. While orders of protection cannot physically stop an abuser from contacting or touching you, they do promise serious consequences for perpetrators who choose to violate the terms set forth in such orders.

How Can an Emergency Order of Protection Help?

Accusations of domestic violence are all too common in family law cases. While there is little question that domestic abuse is a real problem for thousands of Illinois families, sometimes, such allegations are little more than a ploy to gain an advantage in a divorce or parental responsibilities (child custody) proceedings. If you have been accused of domestic violence, you need to understand what steps you can take to protect yourself and your legal rights.

Protective Orders and Temporary Restraining Orders

Victims of domestic violence in Illinois can apply for an order of protection—sometimes called a temporary restraining order—without any notice in advance to the alleged abuser. A judge will issue the order if the victim’s application meets all of the legal requirements and the victim’s testimony indicates that the alleged abuser presents an immediate danger. In cases of actual abuse, quick action is often necessary and appropriate, but when the allegations are exaggerated or completely false, it puts the subject of the order at a serious disadvantage.